Court delays leading to major problems for defendants and witnesses, says Shropshire solicitor

Steve Scully, associate solicitor advocate in Lanyon Bowdler’s criminal law team, said court delays were still causing major problems for everyone involved, despite new powers for magistrates designed to ease the crisis.

He said: “The overall problem is due to ongoing chronic underfunding, which has led to a major backlog in courts.

“The Government has been investing in the police, which is leading to more arrests, but without increasing funding for courts and defence advocates it only leads to delays.

“One particular case I am dealing with dates back to three years, and someone is still waiting for their day in court.

“It’s not just the defendants but the witnesses who are impacted as well, and some witnesses don’t want to wait and end up refusing to give evidence, which can destroy a case.

“If it’s hanging over your head and you’re innocent of the crime, it can have major consequences for your mental health. For instance, you may not be able to work if you are suspended from work pending the outcome of the trial, which can be hugely damaging.”

Steve said new powers recently introduced, which enable magistrates to give sentences of up to 12 months in prison rather than the previous maximum of six months, were potentially useful but could cause more problems down the line.

He added: “I can understand why the Government would think these powers would help, but they could lead to more appeals and referrals to crown court which would cause more pressure.

“For example, now courts can sentence what are known as ‘either way’ offences for 12 months, defendants may appeal more, or elect for a crown court trial rather than staying in magistrates. “And because those cases would be less serious than indictable offences, they would fall to the back of the queue whilst the other matters are dealt with, leading to even more delays.”